District of Massachusetts • 1:26-cv-12379

#1

May 26, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11768458 Fee status: Filing Fee paid., filed by Joaquin Eleuterio Lopez Chavez. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Macmurray, Kevin) (Entered: 05/26/2026)

#2

May 27, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (JKK) (Entered: 05/27/2026)

#3

May 27, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Currie, Haley) (Entered: 05/27/2026)

#4

May 27, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than June 3, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/27/2026)

#5

May 27, 2026

Copies of the following were mailed to all respondents on 5/27/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 05/27/2026)

May 27, 2026

Copy Mailed

May 27, 2026

Notice of Case Assignment

#6

May 28, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, Patricia Hyde, Todd M Lyons, Antone Moniz, Markwayne Mullen, David Wesling (Sauter, Mark) (Entered: 05/28/2026)

#7

May 28, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Patricia Hyde, Todd M Lyons, Antone Moniz, Markwayne Mullen, David Wesling. (Sauter, Mark) (Entered: 05/28/2026)

#8

May 28, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Joaquin Eleuterio Lopez Chavez filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on May 26, 2026 seeking, among other relief, his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 8. Lopez Chavez was recently arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶¶ 14-15. He remains in ICE custody at Plymouth County Correctional Facility. Id. ¶¶ 11-12, 14.The respondents argue that Lopez Chavez is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the factual and legal issues presented in this Petition . . . are substantially similar to those recently addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 7, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. The respondents contend that “[s]hould the Court follow its reasoning in these cases[,] it would reach the same result here.” ECF 7, at 2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Lopez Chavez’s detention.Noncitizens like Lopez Chavez “detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.” Sampiao, 799 F. Supp. 3d at 19-20. Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, Lopez Chavez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before June 5, 2026, notifying the Court whether Lopez Chavez has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 05/28/2026)

May 28, 2026

Order

#9

Jun 05, 2026

STATUS REPORT and Request for Dismissal of Petition by Todd Blanche, Patricia Hyde, Todd M Lyons, Antone Moniz, Markwayne Mullen, David Wesling. (Attachments: # 1 Exhibit A)(Sauter, Mark) (Entered: 06/05/2026)

#10

Jun 15, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 06/15/2026)

#11

Sep 14, 2026

MOTION for Attorney Fees by Joaquin Eleuterio Lopez Chavez.(MacMurray, Kevin) (Entered: 09/14/2026)

#12

Sep 18, 2026

RESPONSE to Motion re 11 MOTION for Attorney Fees filed by Todd Blanche, Patricia Hyde, Todd M Lyons, Antone Moniz, Markwayne Mullen, David Wesling. (Sauter, Mark) (Entered: 09/18/2026)

#13

Sep 21, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered.Petitioner Joaquin Eleuterio Lopez Chavez’s motion for attorney’s fees, ECF 11, is GRANTED.Lopez Chavez seeks attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A). A party seeking fees under the EAJA must satisfy four requirements: “(1) that he is the prevailing party in the civil action; (2) that his petition was timely filed; (3) that the government’s position was not substantially justified; and (4) that no special circumstances make an award against the government unjust.” Castañeda-Castillo v. Holder, 723 F.3d 48, 57 (1st Cir. 2013); see 28 U.S.C. § 2412(d)(1)(A). The party must also be an individual whose net worth did not exceed $2,000,000 at the time the civil action was filed. 28 U.S.C. § 2241(d)(2)(B). The respondents concede “Petitioner’s motion raises legal issues similar to those addressed by this Court in dos Santos Barbosa v. Mullin, et al., 1:26-cv-12978 JEK (D. Mass. Sept. 15, 2026),” a case in which this Court awarded fees under the EAJA. ECF 12, at 1. The respondents further acknowledge that, “[s]hould the Court follow its reasoning in dos Santos Barbosa, it would award the requested fees here.” Id. The respondents therefore do not dispute Lopez Chavez has satisfied each of these elements for entitlement to EAJA fees.Lopez Chavez seeks fees of $1,300. In accordance with 28 U.S.C. § 2412(d)(1)(B), Lopez Chavez’s motion includes a statement from his attorney, Kevin MacMurray, demonstrating the actual time expended in prosecuting his petition for habeas. See ECF 11, at 6. The respondents do not dispute that the attorney’s fees Lopez Chavez seeks are reasonable, nor do they dispute the propriety of a cost-of-living adjustment under 28 U.S.C. § 2412(d)(2)(A). Lopez Chavez is, accordingly, entitled to $1,300 in fees.For the foregoing reasons, Lopez Chavez’s petition for fees pursuant to the EAJA, ECF 11, is GRANTED. The respondents are ORDERED to pay Lopez Chavez fees and costs of $1,300 by October 13, 2026. (Currie, Haley) (Entered: 09/21/2026)

Sep 21, 2026

Order on Motion for Attorney Fees

#14

Sep 29, 2026

MOTION to Stay re 13 Order on Motion for Attorney Fees by Todd Blanche, Patricia Hyde, Todd M Lyons, Antone Moniz, Markwayne Mullen, David Wesling.(Sauter, Mark) (Entered: 09/29/2026)

#15

Oct 01, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 14 MOTION to Stay re 13 Order on Motion for Attorney Fees (Currie, Haley) (Entered: 10/01/2026)

Oct 01, 2026

Order on Motion to Stay